By Shayna Jacobs
DNAinfo Reporter/Producer
MANHATTAN SUPREME COURT — A bipolar woman charged with attempted murder for tossing her 19-month-old daughter into the Hudson River will be released from a hospital jail ward into psychiatric treatment, a judge said Friday.
Devi Silvia, 33, has been receiving treatment at the Elmhurst Hospital jail ward since she was fished out of the water and arrested on May 11.
A judge agreed to release her "to the other end" of the hospital — where non-inmates are kept — on her own recognizance. She will no longer be considered a Department of Corrections inmate there.
Manhattan Supreme Court Judge Lewis Stone said he believed her children, the injured baby and a 6 year old, would not be put at risk because they're now living in India.
"The risk to those children, unless they come back, is zero as long as [Silvia] stays in the country," Stone said minutes before Silvia turned in her passport.
Prosecutors opposed the judge's move, arguing it remains to be seen weather her psychiatric claim is valid.
"At this point we're putting the cart before the horse by civilly committing the defendant," Assistant District Attorney Kevin Wilson.
"She did it on purpose and indicated that," Wilson added. "She knew the consequence of her actions and knew that it was wrong."
Silvia's baby suffered severe hypothermia and was not breathing when she was rescued from the freezing water near the West 70th Street Pier.
The child and mother survived the apparent murder-suicide attempt, which Silvia claimed was meant to spite her husband.
After the hearing Friday, Silvia returned to Elmhurst in handcuffs. Her transfer will not occur until her lawyer submits further paperwork.
